Study On Unilateral Modification And Termination Of Administrative Agreements

On December 10,2019,the Supreme People’s Court adopted the Regulations on Several Issues Concerning the Hearing of Administrative Agreement Cases,which further promoted the development of administrative agreements in China.However,the introduction of this judicial interpretation did not quell the controversy over administrative agreements,but instead triggered a new round of discussion.For the administrative right of interest began to increase,and in the administrative right of interest to unilateral change and the right to terminate the center of gravity.The reasonableness of the existence of unilateral change and cancellation right,the type of unilateral change and cancellation right and other issues are divergent in academic circles,and further theoretical research is urgently needed.In order to enrich the theoretical practice and benefit the administrative practice,the research is conducted on the topic of unilateral change and the right of rescission.At present,in order to achieve the goals of administrative management,it is necessary to give the administrative authorities certain dominant powers to realize the public interest of society.Legislation and practice are recognized unilateral change and the right to discharge is based on the exercise of administrative privileges,in the serious damage to national interests,the public interest of society,the administrative organs can exercise this unilateral administrative privileges.However,in practice,because of the administrative agreement of private law attributes,administrative agreement contains a large number of civil disputes,and because our legislation provides that the administrative organs can not through the means of litigation to seek remedies,in this lack of exercise of the right of superiority,the administrative organs based on contract law exercise of the right of unilateral change and discharge is necessary.Based on this,through the study of the theory of unilateral change and the right of rescission and the analysis of judicial practice of the case,China’s unilateral change and the right of rescission system there are some problems,mainly the administrative organs improper exercise of power,exercise procedures are also not standardized,the judicial review rules are not clear very much,compensation and compensation liability is not clear.In view of these realistic problems,put forward the corresponding improvement proposals:administrative organs in the exercise of power,should be in accordance with the provisions of law and legal principles,for the administrative relative serious breach of contract and other violations of civil law norms,prudent use of unilateral change and the right to discharge based on the right of superiority exercise;at the same time to regulate the exercise of unilateral change and the right to discharge procedures,play the procedure of the exercise of power restrictions;on the issue of judicial review In the first place,attention should be paid to whether the power is exercised in the public interest,and secondly,the different types of unilateral change and release should be examined from the perspectives of administrative law and civil law,and different examination rules should be applied;on the issue of reparation and liability,this paper argues that the scope of compensation and indemnification should be expanded,and the means of compensation should be enriched.